Chaidez v. United States,
Brief Details
- Case No.: 11-820
- Brief Filed: January 30, 2012
- Jurisdiction: United States Supreme Court
Key Topics in the Brief
Briefs
Prior Decision
Decision below, 655 F.3d 684 (7th Cir. 2011).
Question Presented
In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), this Court held that criminal defendants receive ineffective assistance of counsel under the Sixth Amendment when their attorneys fail to advise them that pleading guilty to an offense will subject them to deportation. The question presented is whether Padilla applies to persons whose convictions became final before its announcement.
Argument(s)
The question is exceptionally important because of the deepening conflict over the retroactivity of Padilla v. Kentucky imposes severe consequences on countless non-citizens and causes confusion in the enforcement of federal immigration law.
Author(s)
Jeffrey S. Trachtman, et al., Kramer Levin Naftalis & Frankel LLP, New York, NY.
